General
Terms and Conditions for Use of BreezyTracks in the Netherlands
1.
Applicability of General Terms and Conditions
1. These General Terms and Conditions apply
to all agreements between BreezyTracks and the user ("User")
regarding the use of electric vehicles ("E-vehicles"). These
agreements will be referred to as "Usage Agreements".
2. These General Terms and Conditions are
an integral part of the Usage Agreement.
3. These General Terms and Conditions can
be found on BreezyTracks' website, and a physical copy is always available at
the E-vehicle distribution point.
2.
Condition of the E-vehicle and Nature of Use
1. The User is required to inspect the
E-vehicle upon receipt to ensure it is in good condition. If the User believes
it is not, they must immediately report this to the manager/distribution point
of the E-vehicle.
2. BreezyTracks provides a folding lock
with the E-vehicle, which must always be used to secure the E-vehicle to a
fixed object when not in active use. The User must ensure that the key is not
left in the folding lock.
3. The User must handle the E-vehicle with
care, in accordance with its intended purpose.
4. The User must return the E-vehicle in a
clean condition, as received, along with the folding lock and its keys.
3.
Reserving an E-vehicle
1. An E-vehicle can be reserved as follows,
under the following steps/conditions:
- Reservations can be made via
www.breezytracks.com or the web pages of the distribution points. All E-vehicle
distribution points are listed on the website.
- Reserve an E-vehicle and choose a
date/time/time block.
- The User must agree to these General
Terms and Conditions.
- After full payment, the booking,
including these General Terms and Conditions, will be confirmed by email.
- If you need assistance with the
reservation, ask the staff at the distribution point or contact BreezyTracks.
- There is no right to a refund upon
cancellation of a booking. Even in bad weather, the User has no right to a
refund if they wish to cancel. Exceptions to the refund rule may apply. In
cases where a refund is granted, it will be without service fees from the
booking system. The service fees are non-refundable, even if a new booking is
made later.
4. Use of
the E-vehicle
1. The User is aware that it is allowed to
have a child over 8 years old sit on the E-vehicle and/or ride it, with a
maximum combined weight of 150 kg.
2. Riding an E-vehicle is only permitted
for persons aged 16 and over.
3. It is prohibited to charge the battery
with a non-original charger. Any damage resulting from the use of a
non-original charger is at the User's expense and risk.
4. The User must comply with all applicable
laws, regulations, and local ordinances when using the E-vehicle.
5. The User must watch the instructional
video before using the E-vehicle. The instructional video is available on
BreezyTracks' website and will also be sent to the User via email after
booking.
5.
Complaints
1. If a User has a complaint about the
E-vehicle during use, it must be reported immediately to the manager of the
E-vehicle at the distribution point to allow the manager (on behalf of
BreezyTracks) to resolve the complaint.
2. If the complaint is not satisfactorily
resolved, the User can submit a written complaint to rental@breezytracks.com
within two weeks after the day of E-vehicle use. The complaint must include
details of the complaint, the booking number, the User's contact details, and
any other relevant information. Failure to comply with this article voids any
(potential) claims.
6. General
Liability
1. Use of the E-vehicle is at the User's
own risk.
2. BreezyTracks is not liable for loss
and/or theft and/or damage to the User's or third parties' property, nor for
damage and/or injury caused by the User to third parties, including (but not
limited to) damage to (co-)road users for any reason. BreezyTracks is not
liable for any defects to the E-vehicle arising after the Usage Agreement has
been entered into and attributable to the User's use of the E-vehicle, except
when BreezyTracks was aware or should have been aware of the defect when
entering the Usage Agreement.
7. User
Liability
1. The User is explicitly not allowed to
let another person use the E-vehicle. If a group booking is made in the User's
name as the main booker, the E-vehicle may only be used by a group member who
meets the conditions in these General Terms and Conditions and was present at
the E-vehicle distribution by the manager.
2. The User is liable for any damage to the
E-vehicle during use, regardless of who caused the damage. Settlement of such
damage must first be handled between BreezyTracks and the User. If damage to
third parties occurs, a damage report must be filled out with accurate details
and a situational sketch.
3. The User is expected to be aware of
(local) laws and regulations. BreezyTracks is not liable for the consequences
of any violations of these by the User. The User is solely responsible in such
cases. Violations of (local) laws and regulations and any related
fines/penalties, costs, and measures will be charged to the User. The CJIB will
be notified. If BreezyTracks is required to provide information to authorities
regarding any conduct or omission by the User, such as a traffic violation, the
User must cooperate and reimburse BreezyTracks for the associated costs, with a
minimum of €10 (excl. VAT) per violation.
8.
Liability in Case of Group Booking
1. In the case of a group booking where one
User books multiple E-vehicles for several users, the User as the main booker
is jointly and severally liable for the actions and omissions of all group
members. The provisions in these General Terms and Conditions referring to the
User apply equally to the group members who ride/use an E-vehicle.
2. In case of a group booking, the User (as
the main booker) ensures that all persons/users in the group have read and will
comply with the General Terms and Conditions and the instructional video before
using the E-vehicle. All obligations (under the Usage Agreement and the General
Terms and Conditions) concerning the use of the E-vehicle apply equally to
these users. An act or omission by a group member is considered an act or
omission by the User under the Usage Agreement.
3. The User as the main booker is jointly
and severally liable to BreezyTracks for any damage and/or theft of all
E-vehicles in the booking and for any other claims by BreezyTracks under the
Usage Agreement and the General Terms and Conditions.
4. The User guarantees to BreezyTracks that
only persons who meet the conditions in article 4 will use/ride the E-vehicle.
9. Damages
1. For all damages caused by the User to
the E-vehicle or that occurred during the usage period, the User must fill out
a damage report after notifying the manager at the distribution point. This
must be done at the latest when returning the E-vehicle. Photos of the damage
will also be taken and included in the damage report. The damage to the
E-vehicle will be assessed by BreezyTracks or a designated third party (e.g.,
the manager of the distribution point) based on a BreezyTracks price list and
must be paid by the User immediately upon returning the E-vehicle. The User
will receive a payment link via email.
2. If immediate damage assessment is not
possible, the deductible will be charged to the User as a preliminary
compensation pending a final assessment. This deductible must be paid
immediately via a payment link sent by email. After assessment or repair, the
remaining damage amount will be charged and must be paid within 5 days, or the
excess will be refunded (if the final damage is lower than the deductible).
10.
Deductible for E-vehicle
1. The User has a deductible of €1,500
(say: one thousand five hundred euros) per damage/theft/loss per E-vehicle.
11.
Exceeding the Usage Period / Inactivity and Costs for Retrieving the E-vehicle
1. The use of the E-vehicle ends on the
agreed return date, but no later than when the E-vehicle is returned by or on
behalf of the User.
2. If the E-vehicle is returned after the
agreed return date and time, and the next rental period cannot start or
reasonably start on time, BreezyTracks will charge the User €50 (say: fifty
euros) per hour per E-vehicle for each hour the E-vehicle is late.
3. In case of inactivity or retrieval of an
inactive E-vehicle, the User is still responsible for the full rental fee
unless the issue is a defect in the E-vehicle not caused by the User. In case
of early return, the User is still responsible for the full rental fee.
4. If the E-vehicle is
malfunctioning/inactive due to the User's actions, the retrieval costs of €100
(say: one hundred euros) will be charged to the User. These costs must be paid
by the User immediately (or at the latest when returning the E-vehicle) via a
payment link sent by email.
12.
Termination of the Usage Agreement
1. The User is not entitled to terminate or
cancel the Usage Agreement (prematurely) after completing the reservation. In
the event of cancellation, the User remains liable for the full fee.
2. BreezyTracks is entitled to dissolve or
terminate the Usage Agreement without notice or judicial intervention and
without liability for damages, and to reclaim possession of the E-vehicle,
without prejudice to its right to compensation for costs, damages, and
interest, if:
a. The
User fails to fulfill one or more obligations under the Usage Agreement, either
not, not on time, or not fully;
b. The
User passes away;
c. The
User is placed under guardianship, applies for a moratorium, is declared
bankrupt, or is subject to the Debt Restructuring Natural Persons Act;
d. The
User moves their residence or place of business abroad after entering into the
Usage Agreement;
e.
BreezyTracks discovers during the usage period circumstances of such a nature
that, had BreezyTracks been aware of them, it would not have entered into the
Usage Agreement.
The User will cooperate fully with BreezyTracks
to reclaim possession of the E-vehicle.
13.
Alcohol/Drug and/or Medicine Use
1. It is prohibited for the User/operator of an
E-vehicle to use alcohol, drugs, or any substances or medicines that may
negatively affect driving ability before or during the usage period of the
E-vehicle.
2. In case of suspicion of actions contrary to
paragraph 1, BreezyTracks is entitled to withhold the E-vehicle from the User
without explanation or to reclaim the E-vehicle before the end of the usage
period, without the User having any right to compensation and/or reimbursement
of the rental price.
14.
Additional Provision for E-vehicle Use
1. The following additional
provisions/restrictions apply to the use of the E-vehicle:
a. The
range of the E-vehicle determines the usable area. The User is not allowed to
exceed this area;
b. The
E-vehicle may only be driven on so-called paved roads;
c. It
is forbidden to drive onto or against curbs;
d. It
is forbidden to drive the E-vehicle up and down sidewalks;
e. It
is forbidden to collide the E-vehicle with another or a third party/object;
f. It
is forbidden to drive through potholes, etc.;
g. It
is forbidden to drive on the beach;
h. It
is forbidden to use the E-vehicle for purposes other than recreational use.
15. Payment
1. If the User, being a consumer, does not
fulfill their payment obligation(s) on time, they will, after being notified of
the late payment by BreezyTracks and given an additional term of 14 days to
fulfill their payment obligations, owe the statutory interest on the
outstanding amount and BreezyTracks is entitled to charge extrajudicial
collection costs. These collection costs are a maximum of: 15% on outstanding
amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a
minimum of €40.
2. If the User, not being a consumer, is in
default regarding their payment obligation, they will owe a contractual
interest of 1.5% per month or part of a month on the outstanding amount from
the date of default, unless the statutory (commercial) interest is higher, in
which case the statutory (commercial) interest applies. The interest on the
payable amount will be calculated from the moment the User is in default until
the moment of full payment. All costs, both judicial and extrajudicial,
incurred by BreezyTracks to enforce its rights, are borne by the User. The
extrajudicial costs are set at 15% of the amount involved, with a minimum of
€50 excluding VAT. The User also owes interest on the collection costs. If the
actual costs incurred are higher, these actual costs can be claimed by
BreezyTracks.
16. Privacy
In the context of (among other things) visiting
BreezyTracks' website and the conclusion and execution of the Usage Agreement,
personal data is processed. BreezyTracks is the data controller in the sense of
the General Data Protection Regulation. The processing of personal data is
subject to the privacy policy available on BreezyTracks' website.
17. Other
Provisions
The User is responsible for providing correct
contact information and must immediately inform BreezyTracks of any changes to
their contact information via email.
18.
Applicable Law and Competent Court
1. The Usage Agreement is governed exclusively
by Dutch law.
2. In case of a dispute between the parties,
the competent court in the district where BreezyTracks is located, as well as
the competent court in the district where the User resides, have jurisdiction.
